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(영문) 수원지방법원여주지원 2014.11.13 2014가단439
손해배상(자)
Text

1. The Defendant: 115,511,475 won to Plaintiff A; 64,007,650 won to Plaintiff C; and each of them, from October 24, 2013 to October 2014.

Reasons

1. Occurrence of liability for damages;

A. On October 24, 2013, D operated a 18:20 ton truck for E treatment 14 ton (hereinafter “the instant Liber”) on October 24, 2013, D used a two-lane of the national highway near the 300-lane in the middle of the Tran-gun of Gyeonggi-gu (300m in the Hongcheon-gu Hongcheon-gu Hongcheon-do) in the direction of the two-lane, while neglecting the duty of the Jeoncheon-gu in the direction of the Hongcheon-do, D used a two-lane of the track (LT-470; hereinafter “the instant damaged vehicle”) on the back part of the Tracheon-gu driving in the front right side of the instant Liber-gu.

(hereinafter referred to as “instant accident”). Around October 24, 2013, F (hereinafter referred to as “the deceased”) died due to the instant accident, she died due to the sheshed, etc., she died due to the shed, and G, who was the passenger of the instant victimized vehicle, died due to the shed, etc., she died due to the shed the two frameworks around 19:11 on the same day.

Referencely, Plaintiff A is the deceased’s wife, and Plaintiff C is the deceased’s wife.

The Defendant is a mutual aid business entity that entered into a mutual aid agreement for the instant available vehicle.

[Ground of Recognition] Facts without dispute; Gap evidence Nos. 1-1 through 4, 3, 16-5 through 812182, 17-1 through 3, Eul evidence Nos. 6-1 through 27, the purport of the whole pleadings

B. According to the reasoning of the liability as seen earlier, D caused the instant accident by occupational negligence and resulting in the death of the deceased. As such, the Defendant is liable to compensate the Plaintiffs for the damages caused by the instant accident as a mutual aid business operator.

C. The following circumstances acknowledged by the evidence prior to the limitation of liability, namely, the location of the instant accident, are two laness of the visnded road along the two-lanes, and street lamps are not installed around the vicinity. The occurrence time of the instant accident is 18:20 square meters after sunset (17:41). At the time of the instant accident, the running speed of the instant sea vehicle was equivalent to 59:73 km/h at the time of the instant accident. At the time of the instant accident, the damaged vehicle, at the time of the instant accident, was set back at the stern, etc.

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